Attention to the Unseen

Mark Joseph Stern writes: Cannon has been assigned to handle at least the initial phases of Trump’s federal indictment in Florida. Her name appeared on the summons sent to the former president, as did Bruce Reinhart’s, the magistrate judge who signed off on the Mar-a-Lago search warrant. (Magistrate judges may conduct preliminary proceedings in a criminal case, like authorizing a warrant, but it’s unlikely that Reinhart will play a major role here.) Typically, federal district court judges are assigned cases…

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The National Archives and Records Administration: How much time do outgoing Presidents have to go through their papers to determine what to retain as personal documents?  The Presidential Records Act (PRA) requires the President to separate personal documents from Presidential records before leaving office. 44 U.S.C. 2203(b). The PRA makes clear that, upon the conclusion of the President’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. 44 U.S.C. 2203(g)(1). The PRA makes…

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David Frum writes: It’s as sincere as the grief at a Mafia funeral. Who believes that Governor Ron DeSantis—so badly trailing in the polls behind former President Donald Trump—is genuinely upset by his rival’s federal indictment? Or that Speaker Kevin McCarthy—so disgusted by Trump in private—does not inwardly rejoice to see Trump meet justice? The Fox News talkers have been trying for months to sideline Trump and promote DeSantis. Now they have a turn of events that promises both to…

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The Washington Post reports: Former president Donald Trump said Thursday night that he’s been charged by the Justice Department in connection with the discovery that hundreds of classified documents were taken to his Mar-a-Lago home after he left the White House — a seismic event in the nation’s political and legal history. Several Trump advisers confirmed the charges. Trump, who is the frontrunner for the 2024 Republican presidential nomination, said he has been summoned to appear in federal court in…

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Mark Joseph Stern writes: The Supreme Court’s 5–4 decision in Allen v. Milligan on Thursday, which found that Alabama’s congressional map violates the Voting Rights Act’s ban on racial vote dilution, sends two clear messages. First, a bare majority of the court—Chief Justice John Roberts, Justice Brett Kavanaugh, and the three liberals—believes that the VRA still plays a meaningful role in maintaining a multiracial democracy (or is willing to defer to Congress’ judgment on the matter). Second, that same majority of the court does…

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The Independent reports: Over the course of the last year, grand jurors have heard testimony from numerous associates of the ex-president, including nearly every employee of Mar-a-Lago, former administration officials who worked in Mr Trump’s post-presidential office and for his political operation, and former high-ranking administration officials such as his final White House chief of staff, Mark Meadows. Mr Meadows has already given evidence before the grand jury and is said to be cooperating with the investigation into his former…

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Andrew Weissmann and Ryan Goodman write: An indictment does not have to spell out the alleged facts; it just needs to track the legal elements of a criminal charge. However, to explain to the American public why this is a righteous case, this indictment could (and should) be what is known as a “speaking indictment” and lay out specific obstruction evidence, such as former White House counsel and personal Trump lawyers advising the former president to return the documents; Trump’s…

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Aaron Blake writes: The pollster YouGov recently provided the most in-depth data on views of Trump’s legal jeopardy since shortly after his indictment in late March. It tested which of Trump’s various legal problems were viewed as potentially “serious crimes,” and how much people regard such “serious crimes” as being disqualifying. The first thing to note: As with previous polls, people are less concerned about the charges Trump faces in Manhattan. While 52 percent of Americans regard it as a…

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Rolling Stone reports: Republicans in the Wisconsin Legislature introduced a package of bills this week to “clarify” the state’s abortion ban, 174 years after it became law. The 1849 ban, which criminalizes abortion in every circumstance, except to save the pregnant person’s life, went back into effect last June after 50 years of obsolescence. It’s a deeply unpopular law: By margins of 2 to 1, voters said it should be repealed in every single county where the question was on…

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The New York Times reports: Turning on his iPhone one day last year, the lawyer M. Evan Corcoran recorded his reflections about a high-profile new job: representing former President Donald J. Trump in an investigation into his handling of classified documents. In complete sentences and a narrative tone that sounded as if it had been ripped from a novel, Mr. Corcoran recounted in detail a nearly monthlong period of the documents investigation, according to two people familiar with the matter….

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Andrew Weissmann, Ryan Goodman, Joyce Vance, Norman L. Eisen, Fred Wertheimer, Siven Watt, E. Danya Perry, Joshua Stanton and Joshua Kolb write: This model prosecution memorandum assesses potential charges federal prosecutors may bring against former President Donald Trump. It focuses on those emanating from his handling of classified documents and other government records since leaving office on January 20, 2021. It includes crimes related to the removal and retention of national security information and obstruction of the investigation into his…

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Josh Chafetz writes: Although the Supreme Court has been deciding cases at a glacial pace this term — and that with an almost comically small docket of only 59 merits cases — the justices have found other ways to keep busy. They have been spinning their ethical lapses (Justice Clarence Thomas), blowing off congressional oversight (Chief Justice John Roberts), giving interviews whining about public criticism (Justice Samuel Alito) and presenting awards to one another (Justice Elena Kagan to Mr. Roberts). In the cases it has decided, the Supreme Court has gutted an important provision…

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The Guardian reports: Donald Trump’s legal team for months has weathered deep distrust and interpersonal conflict that could undermine its defense of the former president as the criminal investigation into his handling of classified documents and obstruction of justice at Mar-a-Lago nears its conclusion. The turmoil inside the legal team only exploded into public view when one of the top lawyers, Tim Parlatore, abruptly resigned two weeks ago from the representation citing irreconcilable differences with Trump’s senior adviser and in-house…

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Richard L. Hasen and Dahlia Lithwick write: It was impossible to listen to oral arguments this past Supreme Court term without being struck by the way this court’s conservative supermajority views the 14th Amendment. According to these justices, the key Reconstruction-era amendment was intended merely to promote a theory of “color blindness”—in which race is simply ignored—not to actively lift Black people from a previously subjugated status following the end of slavery. Indeed, the newest justice, Ketanji Brown Jackson, made headlines…

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